Commerce Secretary Howard Lutnick told a Senate panel Tuesday that the government is not planning to establish new fees for U.S. patents based on their value, saying the idea he was reportedly considering "is not going anywhere."
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Intellectual Property
WEDNESDAY, FEBRUARY 11, 2026 Law360 iOS App Law360 Android App Follow Law360 on Facebook Follow Law360 on LinkedIn Follow Law360 on Twitter

TOP NEWS

Lutnick Rules Out Creating Value-Based Fees For Patents

By Ryan Davis

Commerce Secretary Howard Lutnick told a Senate panel Tuesday that the government is not planning to establish new fees for U.S. patents based on their value, saying the idea he was reportedly considering "is not going anywhere."

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2nd Circ. Revives Photographer's Case Against Shutterstock

By Elliot Weld

The Second Circuit revived some of a landscape photographer's case against photo licensing database Shutterstock Inc. on Tuesday, finding that while there was nothing in evidence showing Shutterstock intended to change copyright management information, the company's "right and ability to control" the infringing activity should be litigated further.

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Fed. Circ. Won't Save Co.'s Armor Panel IP Suit Against Rival

By Theresa Schliep

The Federal Circuit on Tuesday agreed with a Maryland federal court's decision that a company didn't infringe a bulletproof armor patent owned by a rival antiballistic panel manufacturer, finding the lower court took the correct approach to a key claim preamble.

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Astellas Gets $90M From Lupin In Myrbetriq Patent Deal

By Adam Lidgett

Generic-drug maker Lupin Pharmaceuticals has inked a deal to pay $90 million to settle claims that it infringed patents held by rival Astellas Pharma Inc. covering name-brand bladder drug Myrbetriq.

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GSK, Teva Settle 'Skinny Label' Heart Medication Suit

By Adam Lidgett

GlaxoSmithKline and Teva told a Delaware federal judge that they've settled GSK's decade-long "skinny label" patent fight over heart failure medication and asked the court to end the case.

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Lipid Testing Patents Recite Laws Of Nature, Judge Says

By Elliot Weld

A Massachusetts federal judge has dismissed a company's infringement claims against a rival over patents that cover methods of testing for lysosomal storage disorders, ruling that the patents only cited patent-ineligible laws of nature.

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Valve's Trial Against Accused Patent Troll Begins In Seattle

By Rachel Riley

Valve Corp. told a Seattle federal jury Tuesday that inventor Leigh Rothschild and his intellectual property firms spent years "harassing" the video game company over patents it was already licensed to use in pursuit of a bigger payout, pressing play on a trial that will test Washington's Patent Troll Prevention Act.

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Law360 Seeks Members For Its 2026 Editorial Boards

Law360 is looking for avid readers of our publications to serve as members of our 2026 editorial advisory boards.

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PRACTICE GROUPS OF THE YEAR

Intellectual Property Group Of The Year: Gibson Dunn

By Theresa Schliep

Gibson Dunn & Crutcher LLP attorneys broke new ground in intellectual property matters last year, successfully defending Cisco in three big-dollar patent infringement cases and prevailing in a trademark dispute at the U.S. Supreme Court, earning the firm a place among the 2025 Law360 Intellectual Property Groups of the Year.

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PATENTS

Apple Again Pushes To Escape Masimo's $634M IP Verdict

By Dani Kass

Apple is doubling down on its bid to have U.S. District Judge James V. Selna relieve it from a jury's $634 million infringement verdict in litigation over its Apple Watch, saying Masimo Corp. relied on an improper and "shifting" definition of a dispositive term.

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Top PTAB Judges Save 2 Claims In Signify Lighting Patent

By Theresa Schliep

Three top Patent Trial and Appeal Board judges have reversed the board's invalidation of a pair of claims in a Signify Holdings BV lighting patent, saying the challengers to the patent improperly made new obviousness arguments in a reply brief.

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Voltage Infringing Shoals' Solar Patents, ITC Judge Rules

By Jack McLoone

North Carolina-based Voltage LLC and a Chinese manufacturing company are infringing two patents on solar energy-related products held by Shoals Technologies Group, a U.S. International Trade Commission judge found.

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Brief

Food Slicer Rivals End Patent Case Weeks Before 3rd Trial

By Elliot Weld

Weber Inc. and Provisur Technologies Inc. have told a federal district court and an appeals court that they were dismissing disputes between them over food slicer patents, ending a fight that saw a $21 million jury verdict thrown out and a second trial end in a mistrial.

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COPYRIGHTS & TRADEMARKS

Adobe Faces Another Suit Over Alleged AI Training Piracy

By Dorothy Atkins

Adobe Inc. was hit with another proposed class action in California federal court, accusing the software giant of surreptitiously using hundreds of thousands of copyrighted books in the "notorious" RedPajama and Common Crawl datasets to train its SlimLM artificial intelligence models without authors' consent.

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RIGHTS OF PUBLICITY

Ex-Pro Basketball Player Denied Bid For College Hoops Return

By David Steele

Former NBA developmental league player Charles Bediako will not be able to keep competing for the University of Alabama after an Alabama state judge rejected his bid for an injunction overriding the NCAA's rules against professionals playing again in college.

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ROYALTIES

'What I Like About You' Bandmates Seek End To Royalty Spat

By Carolyn Muyskens

The founding guitarist of The Romantics asked a federal judge to either appoint a receiver or dissolve the company that manages the "What I Like About You" performers' finances, as his bandmate argued it's time for a judge to put an end to "meritless" self-dealing accusations.

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PEOPLE

Norton Rose Hires Cooley Life Sciences Duo In DC

By Jack Rodgers

Norton Rose Fulbright has hired two life sciences attorneys from Cooley LLP in Washington, D.C., who focus on biotech and pharmaceutical intellectual property matters, in a move the firm said is an investment in IP as a core practice.

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Kilpatrick Brings On Perkins Coie Trademark Duo In Chicago

By Tracey Read

Kilpatrick Townsend & Stockton LLP has expanded its trademark, copyright and advertising team with two Perkins Coie LLP attorneys, including the former firmwide trademark, copyright, internet and advertising practice group chair.

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EXPERT ANALYSIS

USPTO's New Patentability Focus Helps Emerging Tech

The U.S. Patent and Trademark Office's recent efforts to shift patentability criteria back toward traditional standards of novelty, obviousness and adequate disclosure should make it easier for emerging tech, including artificial intelligence, to obtain patents, says Bill Braunlin at Barclay Damon.

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Malpractice Claim Assignability Continues To Divide Courts

Recent decisions from courts across the country demonstrate how different jurisdictions balance competing policy interests in determining whether legal malpractice claims can be assigned, providing a framework to identify when and how to challenge any attempted assignment, says Christopher Blazejewski at Sherin & Lodgen.

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LEGAL INDUSTRY

Analysis

Circuit Split Brewing Following 5th Circ.'s No-Bond Ruling

By Britain Eakin

The Fifth Circuit's split ruling blessing the Trump administration's mandatory immigration detention policy won't be the final say on the matter, but it could supercharge efforts to concentrate detained immigrants there while other circuits weigh the policy's legality.

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Fla. US Attys Push Back Against Sanctions In Habeas Case

By Rae Ann Varona

The U.S. attorney for the Middle District of Florida and an assistant U.S. attorney have urged an Orlando federal judge not to sanction them for the government's response to a noncitizen's habeas petition, saying any shortcomings were an "unintentional oversight."

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Ex-McDermott Atty Fights 'Harassing' Subpoena In Bias Suit

By Grace Elletson

A Black attorney accusing McDermott Will & Schulte LLP of firing her for calling out racial bias has urged an Illinois federal court to reject the firm's bid to get employment records from her previous employer, Katten Muchin Rosenman LLP, saying the request serves no other purpose than to harass her.

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Kirkland Joins Growing Number Of Firms Launching In Tenn.

By Andrea Keckley

Kirkland & Ellis is joining a long line of firms setting their sights on Tennessee, announcing Tuesday that it would set up shop in Nashville with a team of former Butler & Snow LLP and King & Spalding LLP litigators.

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Amazon Calls FTC Allegations Of Hidden Documents 'Reckless'

By Bryan Koenig

Amazon.com assailed the Federal Trade Commission for accusing it of using auto-deleting Signal chats and improper privilege claims to hide evidence of rules that created an artificial pricing floor across online retail stores, asking a Washington federal judge to appoint a special master to handle the "inflammatory, close-of-discovery filings."

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Tom Goldstein To Testify At Tax Trial Wednesday

By Jared Foretek

SCOTUSblog co-founder Thomas Goldstein will take the stand in his tax fraud trial Wednesday, after the government rested its case with an IRS agent tallying up $3.6 million that she said went unreported on his 2016 tax return.

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Senate Confirms Burrows As DOJ Policy Chief

By Courtney Bublé

The U.S. Senate voted 52-46 on Tuesday to confirm Daniel Burrows, a White House official and former chief deputy attorney general of Kansas, to lead the U.S. Department of Justice's Office of Legal Policy.

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Lewis Brisbois, Ex-Paralegal Bring Dueling Suits Over Firing

By Adrian Cruz

Days after being sued to compel her to arbitrate her claims against the firm, a former Lewis Brisbois Bisgaard & Smith LLP paralegal hit her ex-employer with a defamation suit claiming its actions tarnished her reputation and cost her a job at another firm.

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DOJ Pushes To Revive Comey, James Indictments

By Emily Sawicki

Criminal indictments against former FBI Director James Comey and New York Attorney General Letitia James were brought under a validly serving interim U.S. attorney and, therefore, never should have been dismissed, the U.S. Department of Justice argued in its opening brief in its consolidated appeal before the Fourth Circuit.

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Promo that reads 2025 Practice Groups of the Year

LAW FIRMS IN TODAY'S NEWS

Arroyo Law Firm

Ashurst LLP

Barclay Damon

Barnes & Thornburg

Brown & Rosen

Buchanan Ingersoll

Bursor & Fisher

Bush Seyferth

Butler Snow LLP

Carmichael Ellis

Cooley LLP

Covington & Burling

Crowell & Moring

DNL Zito

Denenberg Tuffley

Dickinson Wright

Doniger Burroughs

Erise IP

Finnegan

Fish & Richardson

Foley & Lardner

Fox Rothschild

Gibson Dunn

Gish PLLC

Goodwin Procter

Hamilton Brook

Haynes Boone

Hecht Solberg

Heitner Legal

Holland & Knight

Husch Blackwell

Jones Day

K&L Gates

Katten Muchin

Kilpatrick Townsend

King & Spalding

Kirkland & Ellis

Knobbe Martens

Kramon & Graham

Lash Goldberg

Leach & Walker

Lewis Brisbois

Loftin Holt

Lowell & Associates

McCarter & English

McDermott Will & Schulte

McGuireWoods

Meyler Legal

Mitchell Silberberg

Morgan Lewis

Morrison & Foerster

Munger Tolles

Napoli Shkolnik

Norton Rose

Perkins Coie

Phillips McLaughlin

Powers Pyles

Practus LLP

Scott & Corley

Shaw Keller

Sherin & Lodgen

Steptoe LLP

Sterne Kessler

Swanson Martin

Tanner IP

Troutman

Venable LLP

White & Case

Wigdor LLP

Wilkinson Stekloff

Williams & Connolly

Willkie Farr

WilmerHale

Winstead PC

Young Conaway

COMPANIES IN TODAY'S NEWS

Adobe Inc.

Advance Colorado

Allianz SE

Amazon.com Inc.

American Immigration Lawyers Association

Apple Inc.

Astellas Pharma Inc.

Boston College

CLS Bank International

Cantor Fitzgerald LP

Cisco Systems Inc.

Comerica Inc.

Duo Security Inc.

EQT Corp.

Harvard University

Hikma Pharmaceuticals PLC

International Trademark Association

LinkedIn Corp.

Luminex Corporation

Lupin Ltd.

Masimo Corp.

Menard Inc.

Microsoft Corp.

National Collegiate Athletic Association

National Stock Exchange of India Ltd.

Ohio State University

Otis Worldwide Corp.

Patent Asset Management

Provisur Technologies Inc.

Salesforce.com Inc.

Sandoz International GmbH

Shutterstock Inc.

Sun Pharmaceutical Industries Ltd.

Teva Pharmaceutical Industries Ltd.

The University of Alabama System

Valve Corp.

W. L. Gore & Associates Inc.

Zydus Pharmaceuticals Inc.

GOVERNMENT AGENCIES IN TODAY'S NEWS

Federal Bureau of Investigation

Federal Trade Commission

Food and Drug Administration

Idaho Supreme Court

Internal Revenue Service

International Trade Commission

Kansas Attorney General's Office

Massachusetts Supreme Judicial Court

New York Attorney General's Office

Patent Trial and Appeal Board

Superior Court of Massachusetts

Supreme Court of Nevada

U.S. Army

U.S. Attorney's Office for the District of Maryland

U.S. Attorney's Office for the Middle District of Florida

U.S. Court of Appeals for the Eighth Circuit

U.S. Court of Appeals for the Federal Circuit

U.S. Court of Appeals for the Fourth Circuit

U.S. Court of Appeals for the Second Circuit

U.S. Department of Homeland Security

U.S. Department of Justice

U.S. District Court for the Central District of California

U.S. District Court for the District of Delaware

U.S. District Court for the District of Maryland

U.S. District Court for the District of Massachusetts

U.S. District Court for the District of Minnesota

U.S. District Court for the Eastern District of Michigan

U.S. District Court for the Eastern District of Virginia

U.S. District Court for the Middle District of Florida

U.S. District Court for the Northern District of California

U.S. District Court for the Northern District of Illinois

U.S. District Court for the Western District of Missouri

U.S. District Court for the Western District of Texas

U.S. District Court for the Western District of Washington

U.S. Immigration and Customs Enforcement

U.S. Patent and Trademark Office

U.S. Senate

U.S. Supreme Court

United States District Court for the District of Colorado